Summary of Anjou v. Boston Elevated Ry. Co., S. Ct. Massachusetts, 1911

Relevant Facts: Pl arrived on one of Df elevated cars at a terminal.  She asked an employee the direction to another car.  He walked along a narrow platform, and she followed a few feet behind.  As she headed toward the stairway indicated by him she slipped on a banana peel.  Witnesses described the peel as having the appearance that it had been there a while. The employee’s duty was to observe and remove whatever was upon the platform that would interfere with the safety of travelers.

Legal Issue(s):   Whether the df exercised reasonable care in removing obstacles that would interfer with the safety of travelers?

Court’s Holding: No

Procedure: Directed Verdict for Df, Reversed.

Law or Rule(s): Exercise of ordinary care and prudence a person would observe under similar circumstance.

Court Rationale: The inference drawn that the peel had been upon the platform for a considerable amount of time could be drawn and the jury should have been allowed to determine such.  The obligation rests upon the df to keep its station reasonably safe for its passengers.

Plaintiff’s Argument:   Df failed to exercise reasonable care in having the peel removed prior to the injury.

Defendant’s Argument: Df was unaware of when the peel had materialized and therefor exercised reasonable care.